Delaware § 2611 Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]

Delaware Statutes

§ 2611 — Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]

Delaware § 2611

Title25

PartMortgages and Other Liens

Ch. 26Commercial Real Estate Broker’s Lien Act [For application of this chapter, see 79 Del. Laws, c. 18, § 2]

This text of Delaware § 2611 (Costs, expenses, and attorneys’ fees [For application of this section, see 79 Del. Laws, c. 18, § 2]) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 25, § 2611 (2026).

Text

The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurred, costs, and prejudgment and postjudgment interest at the contract rate specified in the brokerage agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than 1 party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable.

In the event that a court or arbitrator determines that no lie

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The costs and expenses of all proceedings brought under this chapter, including the enforcement of the broker’s lien, including reasonable attorneys’ fees actually incurred, costs, and prejudgment and postjudgment interest at the contract rate specified in the brokerage agreement or, if no rate is specified, then at the legal rate, shall be borne by the party or parties to such proceeding against whom judgment is entered. If more than 1 party is so responsible for such costs, fees, expenses, and interest, then the costs, fees, expenses, and interest may be equitably apportioned by the court among those responsible parties, but in the absence of such apportionment, such responsible parties shall be jointly and severally liable.

In the event that a court or arbitrator determines that no lien should have been filed under this chapter, then the court or arbitrator shall order the broker to pay the prevailing defendant’s expenses of all proceedings under this chapter, including reasonable attorneys’ fees actually incurred, and costs.